Maine State Supreme Judicial Court Refuses to Stay its Own Order that Allows Ranked Choice Voting for President

On October 1, after another oral argument, the Maine State Supreme Judicial Court refused to stay its earlier opinion about the Republican Party-sponsored referendum petition on ranked choice voting for president. Now the Maine Republicans are expected to ask the U.S. Supreme Court to intervene.

The issue is not about the validity of ranked choice voting. It is about whether the Republican referendum petition should have been accepted by the Secretary of State. The petition had enough valid signatures, but some of the signatures were disallowed because some circulators were not registered to vote in the town in which they were working, when they started working (later they changed their registration to comply with the law). The U.S. Supreme Court ruled in 1999 that states can’t require petitioners to be registered voters, so the Maine Supreme Court did not follow binding precedent.

For First Time Since 1994, Florida Democratic Party Has More Legislative Nominees than Florida Republican Party

In 2020, the Florida Democratic Party has state legislative nominees in every district except one, the State House 5th district seat. Every election year, Florida has 20 State Senate races and 120 State House races. Sometimes there is a special election or two as well, but this post excludes them.

This is the first year since 1994 that there have been more Democratic nominees for the Florida legislature than Republican nominees for the legislature. In addition, it is easily the most impressive Florida Democratic slate of legislative candidates for the period 1994 to the present. Normally, because Florida filing fees are so high, the Democratic Party always fails to run legislative nominees in dozens of districts. Out of the 140 districts, here are the number of races with no Democratic nominee in the past: 1994 33; 1996 38; 1998 56; 2000 37; 2002 68; 2004 66; 2006 55; 2008 39; 2010 45; 2012 59; 2014 53; 2016 50; 2018 12.

Obviously the Democratic Party of Florida this year made an effort to virtually fill its legislative tickets. This year the Florida Republican Party lacks legislative nominees in 26 districts.

This year, there are two Libertarian legislative nominees on the ballot, and 14 independent candidates.

Don Blankenship Joins Free & Equal Presidential Debate, so Debate Will Include Five Candidates

Don Blankenship, Constitution Party presidential nominee, has accepted the invitation to the presidential debate sponsored by Free & Equal and Open the Debates. The other four candidates who had already accepted are Brian Carroll, American Solidarity Party; Howie Hawkins, Green; Gloria La Riva, Party for Socialism & Liberation; and independent Brock Pierce.

The debate will be in-person in Denver on October 8, Thursday, at 6 p.m. Denver time. It will be live-streamed.

The invitation was extended to all presidential candidates on the ballot in at least eight states. Those who declined to participate are Jo Jorgensen, Rocky De La Fuente, and Kanye West. The major party candidates are contractually unable to accept because the Commission on Presidential Debates does not permit its debaters to participate in any other debates.

President Trump’s Positive Test for COVID Puts New Importance on Electoral College

Early on October 2, President Trump announced that he and his wife have tested positive for COVID. It is conceivable that he will wish to resign as the Republican presidential nominee, but at least some of the ballots have been printed in all states. Hundreds of thousands of votes have already been cast.

It is important to remember that only twelve states have laws that presidential electors who vote “faithlessly” are replaced on the spot at the meeting at which electoral votes are cast. They are Arizona, Colorado, Indiana, Michigan, Minnesota, Montana, Nebraska, Nevada, North Carolina, Oklahoma, Utah, and Washington. Some of the other states punish electors who vote “disobediently”, but the electoral votes cast by the “disobedient” electors are still valid. Therefore, in 39 jurisdictions that have electoral votes, if the Republican National Committee replaces President Trump with another nominee, the Republican electors can vote for the new nominee even if the new nominee’s name was not on the November ballot.

The twelve states named above all passed some variation of the “Uniform Faithful Presidential Electors Act” in the last decade. The group that first wrote that type of law, the Uniform Law Commission, did not take into account the possibility of the death of a nominee. However, when the Indiana, Michigan, and Utah legislatures passed that law, they did amend their version of the Act, so as to let electors have discretion if the winner of the popular vote in their state had died.

New California Registration Data

On October 1, the California Secretary of State released registration data for September 4, 2020. Compared to the previous report, which was as of July 3, all of the qualified parties increased their share of the registration. The percentage of independent voters declined.

New data: Democratic 46.42%; Republican 24.16%; American Independent 2.90%; Libertarian .87%; Peace & Freedom .47%; Green .383%; unqualified parties .54%; unknown .529%; independent 23.72%.

July 2020 data: Democratic 46.32%; Republican 23.99%; American Independent 2.86%; Libertarian .85%; Peace & Freedom .46%; Green .380%; unqualified parties .57%; unknown .535%; independent 24.04%.